KELLER, J., filed a concurring opinion in which McCORMICK, P.J. and WOMACK, J., joined. I join the majority opinion’s holding that the Court of Appeals did not have jurisdiction to evaluate appellant’s due diligence claim. However, I do not, by joining this opinion, express any support for the legitimacy of the so-called “due diligence” defense. This “defense” appears to have been created out of thin air i…
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